15th Judicial Circuit Court, Jo Daviess County, Illinois Sealing & Redaction Procedures

CRITICAL

The Clerk must automatically impound filed financial affidavits, documents containing Social Security or account numbers, and specified reports, limiting access and copying to parties and attorneys of record.

In accordance with Rule 3.3, if any party files a financial affidavit, other documents containing a social security or account number, or a medical, psychiatric, psychological, mediator’s, or guardian ad litem’s report, the Clerk shall without further order impound the document so that only the parties and attorneys of record in the action may have access to them and the right to copy them.

CRITICAL

The Filer must ensure electronically filed documents and exhibits do not disclose impounded, sealed, or defined private information.

It is the responsibility of the Filer to ensure documents or exhibits filed electronically do not disclose information previously or statutorily impounded or sealed under these Rules or private information as defined in Supreme Court Rules 15 and 138.

CRITICAL

Juvenile files must be impounded subject to the cited statutory provisions.

Juvenile files shall be impounded subject to the terms of 705 ILCS 405/1-8 and 705 ILCS 405/5-901.

CRITICAL

Reports concerning adjudication of disability and appointment of a guardian must be impounded subject to the cited statutory provision.

Reports filed with respect to adjudication of disability and appointment of guardian shall be impounded subject to the terms of 755 ILCS 5/11a-9.

CRITICAL

Mental health records must be impounded subject to the cited statutory provisions.

Mental health records shall be impounded subject to the terms of 740 ILCS 110/1 et seq.

CRITICAL

Fitness reports and psychological or psychiatric evaluations must be impounded subject to the cited statutory provision.

Fitness reports and psychological and/or psychiatric evaluations shall be impounded subject to the terms of 725 ILCS 5/104-19.

CRITICAL

A sealing or impoundment order must state whether party names are removed from public access and how long the restriction lasts.

The order shall further designate whether it includes removing the parties’ names from public access and the duration the file is to be sealed or impounded.

CRITICAL

Except for the listed exceptions concerning juvenile, adoption, and Parental Notice of Abortion Act proceedings, an impoundment must be limited to the identified record or document.

Except as set forth in exceptions (1), (2), and (3), impoundments shall be limited to the identified record or document:

CRITICAL

A motion to seal or impound must be written, presented after appropriate notice, and state its basis and proposed duration.

All motions to seal or impound a file, record, or document must be made in writing and presented to the Court after appropriate notice to all parties. The motion must explain the basis for sealing or impounding the file, record, or document and specify the proposed duration of the sealing or impounding order.

CRITICAL

Pre-trial bond reports and substance abuse evaluations must be impounded unless the Court directs otherwise.

Pre-trial bond reports and substance abuse evaluations shall be impounded unless otherwise directed by the Court.

CRITICAL

Presentence investigation reports must be impounded subject to the cited statutory provisions.

Presentence investigation reports shall be impounded subject to the terms of 730 ILCS 5/5-3-4 (a) and (b).

CRITICAL

Financial affidavits and documents described in Rule 8.1(c) must be impounded as provided in that rule.

Financial affidavits and other documents described in Rule 8.1(c) shall be impounded as described in the Rule.

CRITICAL

Proceedings under the Parental Notice of Abortion Act must be sealed pursuant to the cited statutory provision.

Proceedings under the Parental Notice of Abortion Act shall be sealed pursuant to the terms of 750 ILCS 70/25.

CRITICAL

Financial affidavits and the other documents described in Rule 8.1(c) must be impounded as provided in that rule.

Financial affidavits and other documents described in Rule 8.1(c) shall be impounded as described in the Rule.

CRITICAL

A motion to seal or impound must be written, presented to the Court after appropriate notice to all parties, explain its basis, and specify the proposed duration.

All motions to seal or impound a file, record, or document must be made in writing and presented to the Court after appropriate notice to all parties. The motion must explain the basis for sealing or impounding the file, record, or document and specify the proposed duration of the sealing

CRITICAL

Judge’s notes described in Rule 3.8 must be impounded as provided in that rule.

Judge’s notes as described in Rule 3.8 shall be impounded as described in the Rule.

CRITICAL

Court files and records are presumed open to the public, and that presumption may be overcome only by a compelling showing that protection interests outweigh the public’s right of access.

A strong statutory presumption of public access to the Court’s files and records exists that may be overcome only on a compelling showing that the public’s right of access is outweighed by the interests of the public and the parties in protecting files, records, or documents from public view.

CRITICAL

Filers must ensure e-filed documents and exhibits do not disclose sealed, impounded, or specified private information.

It is the responsibility of the Filer to ensure documents or exhibits filed electronically do not disclose information previously or statutorily impounded or sealed under these Rules or private information as defined in Supreme Court Rules 15 and 138.

CRITICAL

Adoption files must be impounded subject to the cited statutory provision.

Adoption files shall be impounded subject to the terms of 750 ILCS 50/18.

CRITICAL

The Clerk must automatically impound filed financial affidavits, documents with social security or account numbers, and specified reports, limiting access and copying to parties and counsel of record.

In accordance with Rule 3.3, if any party files a financial affidavit, other documents containing a social security or account number, or a medical, psychiatric, psychological, mediator’s, or guardian ad litem’s report, the Clerk shall without further order impound the document so that only the parties and attorneys of record in the action may have access to them and the right to copy them.

CRITICAL

Unless an applicable statute, the Manual on Recordkeeping, or these Rules provide otherwise, a court order is required to impound or seal files, records, or documents.

Except as otherwise provided by statute, the Manual on Recordkeeping, or these Rules, files, records, or documents may be impounded or sealed only on order of the Court.

WARNING

A judge’s notes must not be filed of record by the Clerk and must be placed in a sealed envelope marked “Judicial Notes - Impounded Documents” with the judge’s name.

These notes are the property of the judge and shall not be filed of record by the Clerk. A judge’s notes shall be placed in an envelope, which shall be sealed and marked “Judicial Notes - Impounded Documents,” together with the name of the judge

WARNING

On specific request, a motion to seal or impound may itself be sealed if it discusses confidential material.

Any motion to seal or impound, on specific request, may also be sealed or impounded if it contains a discussion of the confidential material.

WARNING

On specific request, a motion to seal or impound may itself be sealed if it discusses confidential material.

Any motion to seal or impound, on specific request, may also be sealed or impounded if it contains a discussion of the confidential material.

WARNING

A person seeking access may move to vacate a sealing order after filing an appearance and paying any required fee; the Clerk must set the motion within 14 days.

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the order sealing or impounding the case, records, or document be vacated. The Clerk within 14 days shall set the motion for hearing before the judge who ordered the case, record, or document to be sealed or impounded.

WARNING

A written order addressing a sealing or impounding request must specify the extent of sealing, whether party names will be removed from public access, and how long sealing will last.

The Court shall enter a written order granting, granting in part, or denying the request. If the Court grants the motion in whole or in part, the order shall designate whether the entire file, record, or document or only a portion of the entire file, record, or document shall be sealed or impounded. The order shall further designate whether it includes removing the parties’ names from public access and the duration the file is to be sealed or impounded.

WARNING

Anyone seeking access to sealed or impounded material may move to vacate the sealing order, regardless of prior party status or whether the case is pending, after properly filing an appearance and paying any required fee.

A person or entity seeking access to a sealed or impounded case, record, or document, regardless of whether they were a party in the original case and regardless of whether the case is pending or closed, may, on the proper filing of an appearance and if required, paying the appropriate filing fee, file a motion requesting the order sealing or impounding the case, records, or document be vacated.

INFO

An attorney who represents a client in a pending criminal matter may without leave of the Court review the file from any juvenile court delinquency proceeding in which the client was the respondent minor, except to the extent any document in the file was specifically sealed by the Court during that proceeding.

An attorney who represents a client in a pending criminal matter may without leave of the Court review the file from any juvenile court delinquency proceeding in which the client was the respondent minor, except to the extent any document in the file was specifically sealed by the Court during that proceeding.